COUNT 1 (PERSECUTIONS)
From 1 August 1991 until the end of June 1992, Goran HADZIC, acting individually or in concert with other known and unknown members of a joint criminal enterprise, planned, instigated, ordered, committed, or otherwise aided and abetted the planning, preparation, or execution of the persecutions of the Croat and other non-Serb civilian population in the SAO SBWS / RSK.
Throughout this period, Serb forces, comprised of JNA units, local Serb TO units and TO units from Serbia and Montenegro, including paramilitaries/volunteers of the Serbian Volunteer Guard and the Serbian Chetnik Movement, local and Serbian MUP police units, including the SAO SBWS Milicija and the SNB, and paramilitary units, attacked and took control of towns, villages and settlements in the territories described in paragraph 6. After the take-over, Serb forces in co-operation with the local Serb authorities, including Goran HADZIC, established a regime of persecutions designed to drive the Croat and other non-Serb civilian population from these territories.
These persecutions were based on political, racial or religious grounds and included the following:
a. The extermination or murder of hundreds of Croat and other non-Serb civilians, including women and elderly persons, in Dalj, Dalj Planina, Erdut, Erdut Planina, Klisa, Lovas, Grabovac and Vukovar in Croatia, as described in detail in paragraphs 18 to 29.
b. The prolonged and routine imprisonment and confinement of hundreds of Croat and other non-Serb civilians in detention facilities within and outside of Croatia, as described in detail in paragraph 31-33.
c. The establishment and perpetuation of inhumane living conditions for Croat and other non-Serb civilian detainees in the mentioned detention facilities.
d. The repeated torture, beatings and killings of Croat and other non-Serb civilian detainees in the mentioned detention facilities.
e. The prolonged and frequent forced labour of Croat and other non-Serb civilians detained in the mentioned detention facilities or under house arrest in their respective homes in Vukovar, Dalj, Lovas, Erdut and Tovarnik. The forced labour included digging graves, loading ammunition for the Serb forces, digging trenches and other forms of manual labour at the frontlines.
f. The imposition of restrictive and discriminatory measures against the Croat and other non-Serb civilian population, such as restriction of movement; removal from positions of authority in local government institutions and the police; dismissal from jobs; and arbitrary searches of their homes.
g. The beating and robbing of Croat and other non-Serb civilians.
h. The arbitrary arrests, torture and beatings of Croat and other non-Serb civilians during and after their arrest.
i. The deportation or forcible transfer of tens of thousands of Croat and other non-Serb civilians from the territories specified above, including the deportation to Serbia of at least 5,000 inhabitants from Ilok, 20,000 inhabitants from Vukovar; and the forcible transfer to locations within Croatia of at least 2,500 inhabitants from Erdut, as described in detail in paragraphs 35 to 38.
j. The deliberate destruction of homes, other public and private property, cultural institutions, historic monuments and sacred sites of the Croat and other non-Serb population in Vukovar, Erdut, Lovas, Aljmas, Sarengrad, Bapska, Tovarnik, as described in paragraphs 40.
By these acts and omissions, Goran HADZIC committed:
Count 1: Persecutions on political, racial, and religious grounds, a CRIME AGAINST HUMANITY, punishable under Articles 5(h) and 7(1) of the Statute of the Tribunal.
COUNTS 2 to 4
(EXTERMINATION and MURDER)
From 1 August 1991 until the end of June 1992, Goran HADZIC, acting individually or in concert with other known and unknown members of a joint criminal enterprise, planned, instigated, ordered, committed, or otherwise aided and abetted the planning, preparation, or execution of the extermination, murder and wilful killings of Croat and other non-Serb civilians in the SAO SBWS, as specified in paragraphs 19 through 27 of this indictment.
In September and October 1991, the local Serb TO and Milicija of the SAO SBWS arrested Croat civilians and kept them in a detention facility in the police building in Dalj. On 21 September 1991, Goran HADZIC and Zeljko RAZNATOVIC visited the detention facility and ordered the release of two of the detainees. Immediately after, members of the TO of the SAO SBWS led by Zeljko RAZNATOVIC killed eleven detainees and buried their bodies in a mass grave in the village of Celija. The names of the victims are set out in Annex I attached to this indictment.
On 4 October 1991, members of the TO of the SAO SBWS led by Zeljko RAZNATOVIC entered the detention facility in the police building in Dalj and beat, tortured, then killed twenty-eight Croat civilian detainees. The bodies of the victims were then taken from the building and dumped into the nearby Danube River. The names of the victims are set out in Annex I attached to this indictment.
On 18 October 1991, members of the JNA, the TO of the SAO SBWS, and Dusan Silni volunteer unit forced fifty Croat civilians, who had been detained for forced labour in the Zadruga building in Lovas, to march into a minefield on the outskirts of the village of Lovas, located approximately 20 kilometers south-west of the town of Vukovar. On the way to the minefield, one detainee was shot dead by these Serb forces. Upon reaching the minefield, the detainees were forced to enter the minefield and sweep their feet in front of them to clear the field of mines. At least one mine exploded, and the Serb forces opened fire on the detainees. Twenty-one detainees were killed either through mine explosions or gunfire. The names of the victims are set out in Annex I attached to this indictment.
On 9 November 1991, members of the TO of the SAO SBWS led by Zeljko RAZNATOVIC and members of the Milicija of the SAO SBWS arrested ethnic Hungarian and Croat civilians in Erdut, Dalj Planina, and Erdut Planina and took them to the training centre of the TO in Erdut where twelve of them were shot dead the following day. The names of the victims are set out in Annex I attached to this indictment. Several days after 9 November 1991, members of the SNB of the SAO SBWS in co-operation with several members of "Arkan’s Tigers" arrested and executed three civilians, two of them family members of the original Hungarian victims who had inquired about the fate of their relatives. The bodies of eight of the initial twelve victims were buried in the village of Celija and one victim was buried in Daljski Atar. The bodies of the three additional victims were thrown into a well in Borovo. The names of the victims are set out in Annex I attached to this indictment. On 3 June 1992, members of the SNB, in co-operation with members of "Arkan’s Tigers", arrested Marija Senasi (born 1937), a female family member of the original Hungarian victims who had continued to make inquiries about the fate of her relatives. This woman was subsequently murdered and her body was thrown into an abandoned well in Dalj Planina.
On 11 November 1991, members of the TO of SAO SBWS, under the command of Zeljko RAZNATOVIC, arrested seven non-Serb civilians in the village of Klisa. Two of the detainees who had Serb relatives were released. The remaining five civilians were taken to the TO training centre in Erdut. After their interrogation, the victims were killed and buried in a mass grave in the village of Celija. The names of the victims are set out in Annex I attached to this indictment.
On or about 20 November 1991, as part of the overall persecution campaign, Serb forces under the command of the JNA removed approximately two hundred and sixty-four Croats and other non-Serbs from Vukovar Hospital in the aftermath of the Serb take-over of the city. The victims were transported to the JNA barracks and then to the Ovcara farm located about 5 kilometers south of Vukovar. There, Serb forces consisting of JNA soldiers, local Serb TO forces, paramilitaries/volunteers, and other members of the joint criminal enterprise beat and tortured the victims for hours. During the evening of 20 November 1991, these Serb forces transported the victims in groups of 10-20 to a remote execution site between the Ovcara farm and Grabovo, where they shot and killed them. Their bodies were buried in a mass grave. The names of the victims are set out in Annex I attached to this indictment.
Between 18 and 20 November 1991, after the termination of the military operations in and around Vukovar, the JNA assisted by local Serb TO forces, paramilitaries/volunteers, and other members of the joint criminal enterprise deported thousands of Croat and other non-Serb inhabitants into the territory of the Republic of Serbia. Following a request of Goran HADZIC to retain those non-Serbs who were suspected of participation in the military operations, the JNA transported a large number of inhabitants of Vukovar to the detention facilities in Dalj on around 20 November 1991. There, local Serb TO members selected those suspected of participating in the defence of Vukovar. The selected detainees were interrogated, beaten and tortured. At least thirty-five were executed. The names of the victims are set out in Annex I attached to this indictment.
On 10 December 1991, members of the TO of the SAO SBWS led by Zeljko RAZNATOVIC and members of the Milicija of the SAO SBWS arrested five non-Serb villagers from Erdut. The victims were taken to the TO training centre in Erdut and subsequently killed. The bodies of three of the victims were later disposed of in a well in Daljski Atar. The names of the victims are set out in Annex I attached to this indictment.
From 22 December 1991 to 25 December 1991, members of the TO of the SAO SBWS led by Zeljko RAZNATOVIC and members of the Milicija of the SAO SBWS arrested seven ethnic Hungarian and Croat civilians in Erdut and took them to the TO training centre in Erdut. On 26 December 1991, they were shot and killed. The bodies of six of the victims were buried in Daljski Atar. The names of the victims are set out in Annex I attached to this indictment.
On 21 February 1992, members of the TO of the SAO SBWS led by Zeljko RAZNATOVIC and members of the Milicija of the SAO SBWS arrested four non-Serb civilians in Erdut. All of the victims were interrogated in the Territorial Defence training centre in Erdut and then killed. The bodies of the victims were buried in a mass grave in Daljski Atar. The names of the victims are set out in Annex I attached to this indictment.
On 4 May 1992, members of the special operations component of the DB of the Republic of Serbia arrested five non-Serb civilians in the village of Grabovac. The civilians were taken away and killed. Their bodies were later buried in Tikves Park. The names of the victims are set out in Annex I attached to this indictment.
By these acts and omissions Goran HADZIC committed:
Count 2: Extermination, a CRIME AGAINST HUMANITY, punishable under Articles 5(b) and 7(1) of the Statute of the Tribunal.
Count 3: Murder, a CRIME AGAINST HUMANITY, punishable under Articles 5(a) and 7(1) of the Statute of the Tribunal.
Count 4: Murder, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, as recognised by Common Article 3(1)(a) of the Geneva Conventions of 1949, punishable under Articles 3 and 7(1) of the Statute of the Tribunal.
COUNTS 5 to 9
(IMPRISONMENT, TORTURE, INHUMANE ACTS and CRUEL TREATMENT )
From 1 August 1991 until the end of June 1992, Goran HADZIC, acting individually or in concert with other known and unknown members of a joint criminal enterprise, planned, instigated, ordered, committed, or otherwise aided and abetted the planning, preparation, or execution of the unlawful confinement or imprisonment under inhumane conditions of the Croat and other non-Serb civilian population in the territories listed above.
Serb military forces, comprised of JNA, local Serb TO and paramilitary/volunteer units acting in co-operation with local and Serbian police staff and local Serb authorities and authorities in Serbia, arrested and detained thousands of Croat and other non-Serb civilians in the following short- and long-term detention facilities:
a. STAJICEVO agricultural farm in Serbia run by the JNA, approximately one thousand and seven hundred detainees.
b. Military barracks in Begejci in Serbia run by the JNA, approximately two hundred and sixty detainees.
c. Military barracks in Zrenjanin in Serbia run by the JNA, scores of detainees.
d. Military prison Sremska Mitrovica in Serbia run by the JNA, hundreds of detainees.
e. Military prison in Sid, Serbia run by the JNA, approximately one hundred detainees
f. Police buildings and the hangar near the railway station in Dalj, SAO SBWS, run by the JNA and local Serb TO, hundreds of detainees.
g. Territorial Defence training centre in Erdut, also referred to as "Arkan’s" military base, SAO SBWS, run by members of the local Serb TO and "Arkan’s Tigers", approximately fifty-two detainees.
h. Ovcara farm, near Vukovar, SAO SBWS run by the JNA, approximately three hundred detainees.
i. Velepromet warehouse near Vukovar, SAO SBWS run by the JNA, approximately one hundred detainees.
j. Police station in Opatovac, SAO SBWS run by the JNA, scores of detainees.
k. Stable or workshop in Borovo Selo, SAO SBWS, run by members of the milicija and local Serb TO, approximately eighty detainees.
The living conditions in these detention facilities were brutal and characterised by inhumane treatment, overcrowding, starvation, forced labour, inadequate medical care, and constant physical and psychological assault, including mock executions, torture, beatings, and sexual assault.
By these acts and omissions, Goran HADZIC committed:
Count 5: Imprisonment, a CRIME AGAINST HUMANITY punishable under Article 5(e) and Article 7 (1) of the Statute of the Tribunal.
Count 6: Torture, a CRIME AGAINST HUMANITY punishable under Article 5(f) and Article 7 (1) of the Statute of the Tribunal.
Count 7: Inhumane acts, a CRIME AGAINST HUMANITY punishable under Article 5(i) and Article 7 (1) of the Statute of the Tribunal.
Count 8: Torture, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR as recognised by Common Article 3 (1)(a) of the Geneva Conventions of 1949, punishable under Article 3 and Article 7 (1) of the Statute of the Tribunal.
Count 9: Cruel treatment, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR as recognised by Common Article 3 (1)(a) of the Geneva Conventions of 1949, punishable under Article 3 and Article 7 (1) of the Statute of the Tribunal.
COUNTS 10 to 11
(DEPORTATION, FORCIBLE TRANSFER)
From 1 August 1991 until the end of June 1992, Goran HADZIC, acting alone or in concert with other known and unknown members of the joint criminal enterprise, planned, instigated, ordered, committed, or otherwise aided and abetted the planning, preparation, or execution of the deportations or forcible transfers of the Croat and other non-Serb civilian population in the territories of the SAO SBWS.
In order to achieve this objective, Serb forces comprised of SAO SBWS Milicija and SNB under the control of GORAN HADZIC, in co-operation with other Serb forces comprised of JNA, local Serb TO forces, Serbian and Montenegrin TO forces, and paramilitary/volunteer units, including the Serbian Volunteer Guard, and other police units, including the Serbian MUP, surrounded predominantly Croat towns, villages, hamlets and neighbourhoods and demanded their non-Serb inhabitants to surrender their weapons, including legally owned hunting rifles. Then, the towns, villages, hamlets and neighbourhoods were attacked, even those whose inhabitants had complied with the demands. These attacks were intended to compel the population to flee. After taking control of the towns, villages, hamlets and neighbourhoods the Serb forces sometimes rounded up the remaining Croat and other non-Serb civilians and forcibly transported them to locations in Croatia controlled by the Croatian government or deported them to locations outside Croatia, in particular Serbia and Montenegro. On other occasions, the Serb forces in co-operation with the local Serb authorities imposed restrictive and discriminatory measures on the non-Serb population and engaged in a campaign of terror designed to drive them out of the territory. The majority of the non-Serbs that remained were then deported or forcibly transferred.
According to the 1991 census, the Croat and other non-Serb population of this area was approximately as follows:
SAO SBWS: 47 % Croats (90,454).
Set out in Annex III are detailed population statistics for this area according to the 1991 census.
Virtually the whole Croat and non-Serb population of this area was forcibly transferred, deported or killed.
By these acts and omissions, Goran HADZIC committed:
Count 10: Deportation, a CRIME AGAINST HUMANITY, punishable under Articles 5(d) and 7(1) of the Statute of the Tribunal.
Count 11: Inhumane Acts (Forcible Transfers), a CRIME AGAINST HUMANITY, punishable under Articles 5(i) and 7(1) of the Statute of the Tribunal.
COUNTS 12 to 14
(WANTON DESTRUCTION, PLUNDER OF PUBLIC OR PRIVATE PROPERTY)
From 1 August 1991 until the end of June 1992, Goran HADZIC, acting alone or in concert with other known and unknown members of the joint criminal enterprise, planned, instigated, ordered, committed, or otherwise aided and abetted the planning, preparation, or execution of the wanton destruction and plunder of the public and private property of the Croat and other non-Serb population, within the territories of the SAO SBWS, although these actions were not justified by military necessity. This intentional and wanton destruction and plunder included the plunder and destruction of homes and religious and cultural buildings, and took place in the following towns and villages:
Dalj, Dalj Planina, Celija, Vukovar, Erdut, Erdut Planina, Aljmas, Lovas, Sarengrad, Bapska and Tovarnik.
By these acts and omissions, Goran HADZIC committed:
Count 12: Wanton destruction of villages, or devastation not justified by military necessity, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, punishable under Articles 3 (b) and 7(1) of the Statute of the Tribunal.
Count 13: Destruction or wilful damage done to institutions dedicated to education or religion, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, punishable under Articles 3(d) and 7(1) of the Statute of the Tribunal.
Count 14: Plunder of public or private property, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, punishable under Articles 3(e) and 7(1) of the Statute of the Tribunal.
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The guy is a public figure, he did something stupid, people truned their backs on him, he'll have this over his head forever and certainly lose money and prestige over it ... that seems enough punishment.
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